Vancouver Drug Possession Laws

Under Section 4(1) of the Controlled Drugs and Substances Act (CDSA), it is an offence to possess a substance listed in Schedule I, II or III of the CDSA.

Possession of Schedule I Substance, Section 4(3)

– e.g., Cocaine, Heroin, Methamphetamine, Ecstasy, Ketamine, GHB

Every person who commits a possession offence under Section 4(1) in relation to a Schedule I substance or drug such as cocaine, heroin or methamphetamine:

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Possession of Schedule II Substance, Section 4(4)

– e.g., Marijuana

Every person who commits a possession offence under Section 4(1) in relation to a Schedule II substance or drug such as marijuana:

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Where the possession charge is in relation to 30g or less of marijuana (Schedule VIII specifies the quantity), the offence must be prosecuted by summary conviction under Section 4(5) and the maximum sentence is six months imprisonment or a $1,000 fine, or both.

Possession of Schedule III Substance, Section 4(6)

– e.g., Psychedelic Mushrooms, LSD and Steroids

Every person who commits a possession offence under Section 4(1) in relation to a Schedule III substance or drug (e.g., psychedelic mushrooms, LSD or steroids):

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.